Nathan Sutherland

Mug shot of Nathan Sutherland.

PHOENIX (AP) -- A former nurse charged with raping and impregnating an incapacitated patient at Hacienda HealthCare in Phoenix has lost his appeal of a court order requiring a test to determine if he has HIV or other sexually transmitted diseases.

The Arizona Court of Appeals on June 3 declined Nathan Sutherland’s bid to undo the requirement.

[RELATED: Documents reveal critical tip led to arrest in Hacienda rape case]

Sutherland argues there’s no probable cause to believe he has a sexually transmitted disease.

The test was ordered under a law that says people accused of sexual assault are subject to STD tests.

[ORIGINAL EXCLUSIVE STORY: Woman in vegetative state gives birth at Hacienda Healthcare in Phoenix]

Prosecutors say the law’s absence of a probable-cause requirement doesn’t violate constitutional protections.

Authorities say Sutherland was working as a nurse at Hacienda Healthcare in Phoenix when he raped the victim.

[SPECIAL SECTION: Hacienda HealthCare pregnancy investigation]

Sutherland pleaded not guilty to the charges.


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